Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1887-12-29
JUSTlcE-sHoP LAW.
How an Illinois Justice of the Peace In.
terpreted the Statutes.


How an Illinois Justice of the Peace In
terpreted the Statutes.
s'SoOn after l became a member of
the Illinois bar" said Hon. Burton C.
Cook to grosp of his profe ssion al
friends. recently. II was retained TO
defend n farmer living in one of the
pioneer communities of the State who
was charged with murder. 1t was rep
resented to me that my client had
killed quarrelsome neigh Dor in self
defense, but there was good deal of
prejudice in the community against
him, and before reached the back
woods village in which these in
cidents occurred he had been
brought before a justice of the
peace. who empaneled jury and
forced the prisoner to an immediate
trial. As had not yet arrived, he
had no one to defend him, and YER
diet of murder in the first degree was
easily obtained. On receiving the
verdict of the jury the justice solemnly
pronounced sentence and named the
day of the execution. 1t was at this
juncture that 1 arrived on the scene.
I saw the justice of the peace and
pointed out to him that he had
exceeded his powers in sentencing
man to be hanged; that the limit of
his authority was to hold the prisoner
for the action of the grand jury. But
my arguments were all thrown away.
He said he got his law
from the statutes of Illinois,
and not from city lawyers,
and he found that those statutes pro-
vided for the punishment of murder
by death. and as this man had been
convicted in his court he conceived it
to be his duty to see the sentence exc
cuted. 1t was in vain that argued
that he would be accessory to u murder
in allowing his constable to take this
mans life, particularly as the law had
been pointed out to him. His only re-
ply was that if / could show him any
law of Illinois that said he did not
have the right to hang n man he would
be guided by it, but unless such law
were found the death sentence would
be carried out the following Friday.
Until after this interview l had not
looked upon the case as at all serious.
With fair trial. l was satisfied my
client could not even be convicted of
manslaughter, and l had no thought
but that could convince the justice of
the terrible error he had fallen into. l
was now thoroughly frightened. how
ever. The justice was as resolute as
he was ignorant, and no one i'm the
community doub ted that he would
carry his sentence into effect. In those
times of slow trave ling tine two days
to the fatal Friday were not sufficient
for me to bring the case before the
proper tribunal and secure a
writ that would save my clients life
] did not see that / could do any
thing further, when 1t was suggested
by some one that n pettyfogging law
yer who lived ten or twelve miles away
might be able to help me. l was glad
to divide the responsibility with any
one, and mounted my horse and rode
across the prairie to the lawyers
house. / found him at home, and.
after giving him hasty outline of
the case. asked him if any thing
could be done to prevent the consum-
nation of this murder. My story did
not seem to excite him in the least
and he replied that he though it very
simple matter. He said further, how
ever. that if he was to g i've any advice
he thought that he should be paid
for it. 1 told him he would be given
any reasonable sum for advice that
would secure to the prisoner the trial
to which he was entitled by law. He
then told me that his usual fee was
So 80, and he should charge me the
same in this case. We agreed that
this was a reasonable charge, and he
then gave his advice. which was to
take an appeal Ibid not believe that
the suggestion was worth any thing.
perhaps because it had cost so little.
but returned and made the formal
announcement that we had appealed
the case to the Circuit Court. One of
the heaviest loads that was ever on my |
shoulders was lifted when the justice
recognized the appeal and released the
prisoner under bonds of $500. Chi |
cdgo Journal.